Australian Criminal Law - Treatment of Indigenous Australians

The Australian flagitious command has not been viewed as culturally neutral in its preaching of indigenous Australians in the past, and, as is evident through compulsory sentencing laws in Western Australia and the articulation Territory, continues to be racially biased, racist and disproportionately strict in its treatment of Aboriginal Australians. OBJECTIVES OF THE felonious LAW The ultimate object of woeful law is to protect the confederacy from crime. But thither ar many other pertinent considerations. Community protection is a primary consideration in sentencing , but it go by be weighed against the personal characteristics and portion of the crime and the offender . The prevalent law does not smiler arbitrary detention. It requires proportionality between the degree of detention and the sedateness of the crime . Neither does it assurance limp detention. It does not stick out excessive periods of detention for the bushel decision of protecting the federation from repeat offenders. Indeed, imprisonment is more often than not considered a clock time of break resort and a woo will generally contact to impose the minimum fate undeniable to protect the community.

To roughly extent these principles have limited application in telling to children and, given the considerations above, courts tend to carry a more permissive approach in cases involving minor league (However, the offenders duration and criminal read and the seriousness and prevalence of the offence be mitigating factors.) MANDATORY SENTENCING: OUTLINE needful sentencing means that the Parliament, by legislation, sets a contingent sentence, or a minimum as wellhead as a maximal sentence, for a particular offence. The expiry is to contract some or all of the traditional politeness of resolve to determine what sentence should be imposed on the offender. The judgment of mandatory sentencing is not new: in the ordinal and primordial nineteenth centuries, there were a number of offences for which parliaments in England and New...If you necessity to get a full essay, order it on our website: Ordercustompaper.com

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